| John Adams, in his old age, called
his defense
of British soldiers in 1770 "one of the most gallant, generous, manly,
and disinterested actions of my whole life, and one of the best pieces
of service I ever rendered my country." That's quite a statement,
coming as it does from perhaps the most underappreciated great man in
American
history.
The day after British soldiers
mortally wounded
five Americans on a cobbled square in Boston, thirty-four-year-old
Adams
was visted in his office near the stairs of the Town Office by a Boston
merchant , James Forest. "With tears streaming from his eyes"
(according
to the recollection of Adams), Forest asked Adams to defend the
soldiers
and their captain, Thomas Preston. Adams understood that taking
the
case would not only subject him to criticism, but might jeopardize his
legal practice or even risk the safety of himself and his family.
But Adams believed deeply that every person deserved a defense, and he
took on the case without hesitation. For his efforts, he would
receive
the modest sum of eighteen guineas.
The Preston case came to trial in
the Queen
Street courthouse in October. Adams, and his young assistant,
Josiah
Quincy, defended Preston against a prosecution team comprised of
Josiah's
brother Samuel and Robert Paine. Adams succeeded in casting grave
doubt as to whether Preston ever gave orders to shoot, and the Boston
jury
acquitted the captain.
More detailed records exist for the
Soldiers'
trial, which commenced on December
3. Adams presented
evidence
that blame for the tragedy lay both with the "mob" that gathered that
March
night and with England's highly unpopular policy of quartering troops
in
a city. Adams told the jury: "Soldiers quartered in a populous
town
will always occasion two mobs where they prevent one." He argued
that the soldier who fired first acted only as one might expect
anyone
to act in such confused and potentially life-threatening conditions.
"Do
you expect that he should act like a stoic philosopher, lost in
apathy?",
Adams asked the jury. "Facts are stubborn things," he concluded, "and
whatever
may be our inclinations, or the dictums of our passions, they cannot
alter
the state of facts and evidence."
The jury acquitted six of the eight
soldiers,
while two (Montgomery and Killroy) were convicted of manslaughter and
branded
on their thumbs.
Initial reaction to Adams role in
the case
was hostile. His law practice dropped by over half. In the
long run, however, the courageous actions of Adams only enhanced his
growing
reputation.
Adams would, of course, go on to
lead a long
and exemplary life that is chronicled in David McCullough's sympathetic
new biography, John Adams. He would play a pivotal role
in
the Revolution, serve as George Washington's vice-president, and then
become
the nation's second president. As president, Adams appointed the
great John Marshall as Chief Justice of the Supreme Court. He
also
most likely saved the Union, through his careful steering of a neutral
course as war broke out between England and France. In the end,
however,
historian Sean Wilentz is probably accurate in his description of Adams
as "a courageous and good man who fell out of touch with the country
that
he loved and that he served so diligently and often so well."
Adams
saw the goal of government as a counterbalancing of classes and never
really
seemed to understand that the Revolution had replaced his ancient
notion
with a new one based on popular sovereignty.
Adams died in Quincy, Massachusetts
on the
fiftieth anniversary of American independence, July 4, 1826.
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